“Absent exigent circumstances, a request for court action to protect a child must be in the form of a petition. The form, captioning, signing, and verifying of documents are prescribed in MCR 1.109(D) and (E).” MCR 3.961(A).
Among other information listed in MCR 1.109(D), the first part of every document must include a caption containing “the case number, including a prefix of the year filed and a two-letter suffix for the case-type code from a list provided by the State Court Administrator pursuant to MCR 8.117, according to the principal subject matter of the proceeding,” and for “a case filed under the juvenile code, . . . a petition number, where appropriate.” MCR 1.109(D)(1)(b)(iii); MCR 1.109(D)(1)(d). “[A] separate petition number shall be assigned to each petition filed under the juvenile code, MCL 712A.1 et seq., as required under MCR 1.109(D)(1)(d).” MCR 8.119(D)(1).1 The case-type code for child protective proceedings is “NA.” See the Circuit Court Case-Type Code List, Family Division—Proceedings under Juvenile Code, (7)(d), referred to by Standard 3.3.1.1 of the Michigan Trial Court Records Management Standards. “The case number (and petition number if applicable) shall be recorded in the court’s automated case management system and on the case file.” MCR 8.119(D)(1).
In addition to specified case information,2 “[a] petition must contain the following information, if known:
(1) The child’s name, address, and date of birth.
(2) The names and addresses of:
(a) the child’s mother and father,
(b) the parent, guardian, legal custodian, or person who has custody of the child, if other than a mother or father, and
(c) the nearest known relative of the child, if no parent, guardian, or legal custodian can be found.
(3) The essential facts that constitute an offense against the child under the Juvenile Code.[3]
(4) A citation to the section of the Juvenile Code relied on for jurisdiction.
(5) The child’s membership or eligibility for membership in an Indian tribe, if any, and the identity of the tribe.[4]
(6) The type of relief requested. A request for removal of the child or a parent or for termination of parental rights at the initial disposition must be specifically stated. If the petition requests removal of an Indian child or if an Indian child was taken into protective custody pursuant to MCR 3.963 as a result of an emergency, the petition must specifically describe:
(a) the active efforts, as defined in MCR 3.002,[5] that have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family; and
(b) documentation, including attempts, to identify the child’s tribe. MCR 3.961(B).
The petition must include a statement indicating whether a family division matter involving members of the same family is or was pending. MCR 1.109(D)(2)(b). “When any pending or resolved family division or tribal court case exists that involves family members of the person(s) named in the petition filed under [MCR 3.961(B)], the petitioner must complete and file a case inventory [on a form approved by the State Court Administrative Office] listing those cases, if known. The case inventory is confidential, not subject to service requirements, and is available only to the party that filed it, the filing party’s attorney, the court, and the friend of the court.” MCR 3.961(A). See also MCR 3.920(B)(3)(d). See Section 7.4(C) for more information.
A petition need not enumerate every theory or argument in support of Family Division jurisdiction. In re Arntz, 125 Mich App 634, 639 (1983), rev’d on other grounds 418 Mich 941 (1984).6 Nor must the petition disprove every possible innocent explanation for an alleged injury. In re Martin (Ashley Lynn), 167 Mich App 715, 723-724 (1988).
“A petition . . . may be amended at any stage of the proceedings as the ends of justice require.” MCL 712A.11(6). See In re Slis, 144 Mich App 678, 684 (1985) (requirements of due process were satisfied where petition was amended on the record to include respondent-parent’s name).
However, if a petition or an amended petition fails to request the termination of parental rights, a subsequent order terminating parental rights must be set aside. In re SLH, 277 Mich App 662, 674 (2008).
C.Other Court Cases Involving Same Family Members
MCR 1.109(D)(2)(b) requires the petition to contain one of the following statements, if known:
“(i) There are no pending or resolved cases within the jurisdiction of the family division of the circuit court involving the family or family members of the person[s] who [is/are] the subject of the complaint or petition, or
(ii) There is one or more pending or resolved cases within the jurisdiction of the family division of the circuit court involving the family or family members of the person[s] who [is/are] the subject of the complaint or petition. I have filed a completed case inventory listing those cases.” MCR 1.109(D)(2)(b). See also MCR 3.961(A).
Note: If the DHHS is investigating a suspected abused or neglected child and determines that there is an open Friend of the Court (FOC) case regarding the child, the DHHS must “notify the office of the [FOC] in the county in which the [FOC] case is open that there is an investigation conducted under [the Child Protection Law] regarding that child.” MCL 722.628(21). See Section 2.4(E) for additional information.
“The case inventory must be on a form approved by the State Court Administrative Office.” MCR 3.961(A). It must not be served on any party. MCR 3.920(B)(3)(d).
Whenever practicable, two or more matters within the Family Division’s jurisdiction, pending in the same judicial circuit and involving members of the same family, must be assigned to the judge who was assigned the first matter. MCL 600.1023.
Information provided in the petition must be verified and may be upon information and belief. MCL 712A.11(3). However, if any of the facts required to be contained in the petition are unknown to the petitioner, the petition must state that the facts are unknown. MCL 712A.11(4).
A petition may be verified by oath or affirmation of the person having knowledge of the facts stated, or by a signed and dated declaration. MCR 1.109(D)(3). With the exception of an affidavit, the declaration may be verified by “including the following signed and dated declaration: ‘I declare under the penalties of perjury that this ___________ has been examined by me and that its contents are true to the best of my information, knowledge, and belief.’ . . . ” MCR 1.109(D)(3)(b). See also In re Jagers, 224 Mich App 359, 364-365 (1997).
A person who knowingly makes a false declaration under MCR 1.109(D)(3)(b) may be found in contempt of court. MCR 1.109(D)(3).
A party is not required to pay a filing fee for filing a child protective petition. See MCL 600.2529(8).
1 “MCR 8.119(D)(1) specifically requires that all petitions filed under the juvenile code contain a separate petition number, not just those petitions that are authorized.” In re Diehl, 329 Mich App 671, 702 (2019).
2 “At a minimum, specified case information shall include the name, an address for service, an e-mail address, and a telephone number of every party[.]” MCR 1.109(D)(2).
3 See Section 17.7 for a detailed discussion of the MCL 712A.19b(3) statutory standards for termination of parental rights.
4 If the child is of Indian heritage, the Indian Child Welfare Act (ICWA) and the Michigan Indian Family Preservation Act (MIFPA) must be followed. See Chapter 19 for information on the ICWA and the MIFPA.
5 For a detailed discussion of active efforts, including the definition, see Section 19.12(F).
6 For more information on the precedential value of an opinion with negative subsequent history, see our note.